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Date: 03-16-2015
Case Style: Zia Daugherty v. Juan Arturio Nunez aka Juan A. Nunez, aka Juan Nunez
Case Number: CJ-2014-646
Judge: Dana Kuehn
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney:
Defendant's Attorney: Jeremy Ward
Description: Tulsa, OK - Zia Daugherty sued Juan Arturio Nunez aka Juan A. Nunez, aka Juan Nunez on an auto negligence theory claiming:
Plaintiffs allege and state as follows:
1. Plaintiffs were at all material times residents of Tulsa County, Oklahoma.
2. Defendant was at all material times upon infonnation and belief a resident of Tulsa County, Oklahoma.
3. Defendant John Doe, a business entity, is a business whose identity is unknown now, but may be revealed through the course of discovery. Defendant John Doe is an entity that transacts business/engages in commerce on a regular basis in Oklahoma, and the claims alleged here arise out of the Defendant JolmDoe’s actions and/or inactions in Oklahoma.
4. Defendant Jane Doe, an individual, is a person residing in Oklahoma whose identity is unknown at this time, but may be revealed through the course of discovery.
5. This motor vehicle incident occurred in Tulsa County, OK on about 11/13/13.
6. This Court has jurisdiction over this matter.
7. Defendant failed to yield, directly causing this incident.
8. Defendant made an improper act and/or movement with Defendant’s vehicle.
9. Defendant hit and damaged Plaintiffs’ property and/or vehicle, causing damages including but not limited to diminished value to property, negligent injury to property, loss of use, etc.
a. Plaintiffs seek costs, expenses and attorney’s fees pursuant to the law,
including but not limited to 12 0.5. Sec. 940, 942, et seq.
10 A Tulsa Police Officer cited the Defendant for causing this accident
II. A Tulsa Police Officer determined that the Defendant was the unsafe / unIâwfül factor here.
12. A Tulsa Police Officer concluded that the Defendant failed to stop for a traffic
signal. :
13. A Tulsa Police Officer concluded the Plaintiffs made no improper action.
14. Defendant ran a red light at an intersection, directly causing this wreck.
15. The Defendant, while driving a large Ford Expedition, t-boned the Plaintiffs vehicle, a small Volkswagen vehicle.
I 6. The Defendant totaled the Plaintiffs’ vehicle.
17. An independent, unbiased witness states that the Defendant ran a. red light, striking the Plaintiffs in the intersection.
18. This impact directly caused personal injuries and property damages.
19. Defendant was the unsafe andlor unlawful factor directly causing this incident.
20. Defendant directly caused this crash.
21. Defendant failed to yield to Plaintiffs’ right, of way.
22. Defendant directly caused injuries and damages to Plaintiffs.
23. Defendant breached duties owed to Plaintiffs.
24. Defendant was negligent, negligent per se and/or committed res ipsa because Defendant violated andlor breached applicable statute(s), law(s), and/or ordinance(s), which directly caused injury to Plaintiffs’ person and property.
25. Defendant had the responsibility to drive as a reasonably prudent driver at the date and time of this incident.
26. Defendant violated that responsibility.
27. Defendant was negligent.
28. As a direct result of the actions and/or omissions of Defendant, Plaintiffs were injured and suffered damages.
WHEREFORE, Plaintiffs pray for judgment against Defendant in an amount in excess of $75,000, pre-judgment interest, post-judgment interest, attorney’s fees, costs, expenses, any all other relief which this Court deems just and proper.
Court docket entries for this case:
Date Code Description Count Party Amount
02-18-2014 TEXT
Civil relief more than $10,000 Initial Filing.
1
02-18-2014 AUTONEG
AUTO NEGLIGENCE
02-18-2014 DMFE
DISPUTE MEDIATION FEE
$ 2.00
02-18-2014 PFE1
PETITION
Document Available (#1024247740)
$ 163.00
02-18-2014 PFE7
LAW LIBRARY FEE
$ 6.00
02-18-2014 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
02-18-2014 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
02-18-2014 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
02-18-2014 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
02-18-2014 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
02-18-2014 LTF
Lengthy Trial Fund
$ 10.00
02-18-2014 SMF
Summons Fee (Clerks Fee)
$ 5.00
02-18-2014 SMIP
Summons Issued - Private Process Server
02-18-2014 TEXT
OCIS has automatically assigned Judge Kuehn, Dana to this case.
02-18-2014 ADJUST
ADJUSTING ENTRY: MONIES DUE TO AC09-CARD ALLOCATION
$ 5.47
02-18-2014 ACCOUNT
ADJUSTING ENTRY: MONIES DUE TO THE FOLLOWING AGENCIES REDUCED BY THE FOLLOWING AMOUNTS:
CJ-2014-646: AC81 Lengthy Trial Fund -$0.25
CJ-2014-646: AC79 OCIS Revolving Fund -$0.63
CJ-2014-646: AC64 Dispute Mediation Fees -$0.05
CJ-2014-646: AC59 Oklahoma Council on Judicial Complaints Revolving Fund -$0.05
CJ-2014-646: AC58 Oklahoma Court Appointed Special Advocates -$0.13
CJ-2014-646: AC31 Court Clerk Revolving Fund -$0.02
CJ-2014-646: AC23 Law Library Fee -$0.15
CJ-2014-646: AC01 Clerk Fees -$4.19
02-18-2014 ACCOUNT
Receipt # 2014-2784143 on 02/18/2014.
Payor:JOHN TRUSKETT Total Amount Paid: $218.70.
Line Items:
CJ-2014-646: $163.81 on AC01 Clerk Fees.
CJ-2014-646: $5.47 on AC09 Card Allocations.
CJ-2014-646: $5.85 on AC23 Law Library Fee.
CJ-2014-646: $0.68 on AC31 Court Clerk Revolving Fund.
CJ-2014-646: $4.87 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2014-646: $1.95 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2014-646: $1.95 on AC64 Dispute Mediation Fees.
CJ-2014-646: $24.37 on AC79 OCIS Revolving Fund.
CJ-2014-646: $9.75 on AC81 Lengthy Trial Fund.
08-18-2014 MO
PLAINTIFFS' MOTION TO SERVE DEFENDANT BY OTHER MEANS / C2J
Document Available (#1026816228)
DAUGHERTY, ZIA
08-19-2014 CTFREE
Kuehn, dana: order entered denying plaintiffs' motion to serve defendant by other means.
08-25-2014 APLI
APPLICATION TO SET SCHEDULING CONFERENCE / A TO J / CERTIFICATE OF MAILING
Document Available (#1026987631)
NUNEZ, JUAN ARTURIO
08-26-2014 O
ORDER / SEE DOCUMENT
Document Available (#1026988134)
08-26-2014 CTFREE
Kuehn, dana: order entered setting scheduling conference on 9-24-14 at 9:15 am, courtroom 701.
08-28-2014 O
ORDER SETTING SCHEDULING CONFERENCE
Document Available (#1026997480)
09-05-2014 A
DEFENDANT'S ANSWER / TO THE PETITION OF THE PLAINTIFF / JEREMY K WARD ENTERING AS COUNSEL / W-CS / CERTIFICATE OF MAILING
Document Available (#1026992549)
NUNEZ, JUAN ARTURIO
09-24-2014 CTFREE
kuehn, dana: pltf represented by john truskett; deft represented by by jeremy ward. agreed scheduling order entered. settlement conference to be completed prior to pretrial conference.
pretrial conference is set on 3-23-15 at 10:30 am, courtroom 701.
09-26-2014 SCHO
AGREED SCHEDULING ORDER
Document Available (#1027201270)
01-15-2015 MOLIM
DEFENDANT'S Motion In Limine TO EXCLUDE WITNESSES AND REQUEST FOR EXPEDITED RULING
Document Available (#1028392963)
01-15-2015 MOC
DEFENDANT'S Motion To Compel CATE CHIROPRACTICE TO PRODUCE RECORDS
Document Available (#1028392967)
01-20-2015 MO
DEFENDANT'S AMENDED MOTION IN LIMINE TO EXCLUDE WITNESSES AND REQUEST FOR EXPEDITED RULING / A2J
Document Available (#1028391781)
NUNEZ, JUAN ARTURIO
01-22-2015 NO
DEFENDANT'S NOTICE OF STRIKING MOTION TO COMPEL CATE CHIROPRACTIC / C2J
Document Available (#1028390093)
NUNEZ, JUAN ARTURIO
01-28-2015 NO
DEFENDANT'S NOTICE OF WITHDRAWAL OF MOTION IN LIMINE TO EXCLUDE WITNESSES / A2J / CERT OF MAILING
Document Available (#1028547625)
NUNEZ, JUAN ARTURIO
03-16-2015 DWP
PLAINTIFFS' DISMISSAL WITH PREJUDICE OF ALL CLAIMS AGAINST JUAN NUNEZ
Document Available (#1028980378)
NUNEZ, JUAN ARTURIO
03-16-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 NUNEZ, JUAN ARTURIO
03-16-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
2 NUNEZ, JUAN ARTURIO
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: